Louis Brandeis

“ The facts relied upon to establish presence of the defendant within the district consist wholly of its relations to the Hanover National Bank and five other banks, whose places of business are located in New York, and of transactions conducted through them. Each of these six banks is what is commonly called a correspondent of the defendant. In each the Whitney Central carries continuously an active, regular deposit account. But its transactions with these banks are not limited to making deposits and drawing against them. ”

“ The jurisdiction taken of foreign corporations, in the absence of statutory requirement or express consent, does not rest upon a fiction of constructive presence, like 'qui facit per alium facit per se.' It flows from the fact that the corporation itself does business in the state or district in such a manner and to such an extent that its actual presence there is established. That the defendant was not in New York, and hence was not found within the district, is clear. ”

“ Act August 13, 1888, c. 866, § 4, 25 Stat. 433; Judicial Code, § 24, subd. 16 (Comp. St. § 991) ; First National Bank of Charlotte v. Morgan, 132 U.S. 141, 145, 10 Sup. Ct. 37, 33 L. Ed. 282; Continental National Bank of Memphis v. ”